Phantom

Terms and Conditions of Service

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The following Terms & Conditions are for the Commission of original artwork or designs from Brenda Rivera aka “bphantom”. By accepting a Commission Agreement, the Customer agrees to these Terms and Conditions.

Summary

☆ 50% payment is required in advance to start the Commission.☆ Payment via PayPal.☆ Maintaining constant communication between Artist and Customer is important to cover delivery times.☆ Up to 5 changes.☆ The commission is delivered by email and a file download platform (Google Drive, MEGA, or MediaFire).☆ Commission for personal use. Commercial use is different and is quoted with the Customer.

☆ COMMISSION AGREEMENTThe discussion will be documented via email (or any social media), in which the Artist and Customer agree to the subject matter and type of Commission to be produced, the Commission price and payment method, the point in time in which the Artist is expected to start working, and – if applicable – the deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for as long as the Artist sees fit.
The Customer must provide the Artist with visual references as to better understand the Customer’s idea.☆ PAYMENTThe Customer should pay a 50% up-front fee prior to the start of work.
Full payments must be made once the Commission is done.
The Commission will not be sent to the Customer until the agreed payment amount has been received.
Payment method is determined as written in the Commission Agreement prior to the start of work (i.e. bank account transfer, PayPal).
If the Customer wishes for a physical copy of the Commission, the Artist will provide them with prices of different available parcel services, which must be discussed at the Commission Agreement prior to placing the order.
Shipping costs must be covered by the Customer.☆ DECLINE OF OFFERSThe Artist has the right to refuse any Commission request.☆ CANCELLATIONThe Artist reserves the right to stop working on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English/Spanish language, or a breach of these Terms of Service.☆ COMMISSION DESCRIPTIONA complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.
The Customer must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A larger display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.
All prices are as a guide only and may not represent the final price of a particular Commission.☆ PREVIEWSThe Customer may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after the start of work or approval of the draft, unless agreed upon in the Commission Agreement. Changes may apply additional fees.
All previews will be watermarked or will be sent as a video recording.☆ CHANGESThe Customer has the right to up to a total of 5 minor changes, as long as they are requested before the Commission sketch is completed, otherwise additional fees for major changes will apply. These changes are cumulative throughout the entire process (i.e. 3 sketch changes, 2 color selection changes, total changes = 5).The Artist requires two Approvals: One for the sketch, and one for the color selection. The Customer must approve both stages for the Artist to continue working. Once each stage has been approved, changes requested by the Client will be considered as major changes.Minor changes include:⭑ Changing the pose or any other item of the character/s before approving the final sketch.
⭑ Color change of any character’s/s clothing item before approving the Artist's color selection.
⭑ Color change of any character’s/s feature before approving the Artist's color selection.
⭑ Color change of any item from the background before approving the Artist's color selection.Major changes include:⭑ Change of the pose of the character/s after approving the final sketch.
⭑ Color change of any item of the Commission after approving the Artist's color selection.
⭑ Color change of any item of the background after approving the Artist's color selection.For Traditional Commissions, only changes to the pencil sketch are allowed. Any changes after approval will result in starting the Commission again, which will be charged as a new Commission.☆ PUBLIC DISPLAY AND USE.The Customer may display the Commission on their personal social media profiles as a profile photo/icon or banner/cover.
If the Customer wishes to display the Commission as a post on any social media, official or unofficial page or profile within social media, blog or website, the Customer must publish the watermarked version of the Commission and properly tag/credit the artist with a mention (Art by @bphntm/Brenda Rivera) or the tag on the corresponding social media.
The Customer may not display the Commission outside of Personal Spaces, or in Public Spaces unless the Commission is executed under new Terms of Service agreed to in the Commission Agreement.
The Customer must obtain written permission from the Artist before displaying the Commission in a public Space, unless otherwise specified in the Commission Agreement; additional fees may apply.
Commercial use of a Commission implies a higher price depending on its use. In the case of merchandise where the commission will appear, the Artist requests a 10% Royalties on Sales in addition to the payment of the commission.☆ DIGITAL & TRADICIONAL✮⋆˙Digital CommissionsDigital Commissions will be delivered to the Customer via email and/or to an online download address in .png format such as Google Drive, MediaFire, or Mega; this does not include the native Commission file (.psd, .sai, etc.), unless otherwise agreed to in the Commission Agreement.
Files will be of the highest resolution and will include two copies of the final product, one watermarked and one unwatermarked.
The Artist is not responsible for the cost of shipping the Commission (any digital media [e.g. CD, DVD, USB, etc.] or printing a digital Commission).
A “Certificate of Authenticity” in .PDF format will be provided to the Customer as proof and documentation of the Artist’s original work.✮⋆˙Traditional CommissionsTraditional Commissions will be scanned in high resolution and delivered to the Customer with the same features as Digital Commissions, unless the Customer specifies physical shipping.
The Artist and the Customer will negotiate the shipping costs, which the Customer must cover, such as shipping insurance, packaging and shipping the Commission for delivery. These rates will be determined in the Commission Agreement prior to the start of the work.
In the event that the rates change for third party reasons after the Commission Agreement, after the Commission has been started, or after the Commission has been finalized and the shipping process has been carried out, the Artist must provide proof to the Customer (photograph, video or audio) and the Customer will decide whether to continue with the process. If the Customer decides not to continue, the Commission will be sent using the Digital Commissions method.
The Customer will be given a printed and signed Certificate of Authenticity with the original physical Commission.
Digital formats of the Commission and Certificate of Authenticity will be provided to the Customer in .jpeg, .png, or .PDF format upon request.☆ REFUND POLICYIf the Customer is not satisfied with the Commission for a reason that the Artist deems appropriate and logical with the due evidence provided by the Customer, the Customer must contact the Artist within 7 calendar days after receiving the Commission.Changing your mind (“I don't want the commission anymore”) or not liking the Commission are not reasons considered for a refund; this is prevented by sending sketches and Previews through the Commission process.
The Customer will receive a 60% refund in case of a Digital Commission. The Customer will receive a 90% refund excluding shipping costs in case of a Traditional Commission.
The Customer will have 30 business days to return the Traditional Commission and 3 calendar days to delete the Digital Commission, otherwise the refund will not be made.
In case of a physical Traditional Commission the Client must return the Commission in the original packaging with all its documents, including the Commission Agreement, Certificate of Authenticity and invoices if applicable. Digital formats must be permanently destroyed/erased/deleted by the Client and a video of the deletion process must be provided to the Artist. Reshipping costs must be paid by the Client if applicable.
Refunds will be made to the Customer at the Artist's discretion once the Commission has been received and under the conditions described.
There are no refunds if the Commission is purchased on Promotion or Discount.
If the Customer does not comply with the requirements mentioned in this section, the Artist has the right to deny the refund.
The Artist reserves the right to deny a refund.

ADDITIONAL FEES FOR CHANGES

TERMINOLOGY
• Artist: Person who, under the name of Brenda Rivera, alias bphntm / Brenda Phantom, is the one who fully creates the Commission.
• Customer: Person who requests a Commission from the Artist.
• Commission: Illustration and/or design made either in digital or traditional media.
• Commission Agreement: Digital or physical document that outlines the Customer's specifications regarding the Commission, payment, estimated or strict delivery and shipping dates (if applicable), as well as commercial uses (if applicable).
• Preview: Image or video of the progress that is available at the time requested while working on the Comission.
• Approval: Permission from the Customer to the Artist to continue working on the Commission after approving the previews of the same.
• Personal Spaces: Physical spaces that the Customer inhabits or owns that are not open to the public, such as any room in their home, school lockers, car, etc…
• Public Spaces: Physical spaces that are open to the public, such as shopping malls, public roads, public transportation, etc…
• Traditional Commission: Illustration and/or design made in traditional media that includes: pencil, stylograph, pen, ink, markers, watercolor, markers, acrylic paint, paper of various weights, canvas of various dimensions and materials, among other art materials and/or stationery.
• Digital Commission: Illustration and/or design made in digital media that include: PC, digital drawing tablet, illustration or editing programs for PC and/or mobile phones.
• Certificate of Authenticity: Digital or physical document in which the Artist declares that the Commission has been made entirely by her, and that it belongs to the Customer.
• Promotion: Special sale, temporary sale or one-time sale of a Commission made by the Artist as a sales strategy.
• Discount: Reduction in the regular price of a Commission due to a Promotion, or due to some type of personal bonus from the artist to the Customer.